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For Law and Political Sciences date of first issue (2008) no. of issue per year (2) no. of issue published between 2008-2012 (5) issue
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Legal protection of the right to move in Iraqi law (( A comparative study ))

Nada S. Hadiy

AL-Qadisiya Journal, 2015, Volume 6, Issue 2, Pages 64-86

تقوم فرضية البحث على اســاس ضرورة توفير حماية تكــمل الحمـاية الدولية التي تتـمثل بتقرير حماية دوليةجنائية لحقــوق الانسان كافه ولحق الانتقال خــاصه من خــلال تفعيل القانون الدولي الجنائي ، ويكون ذلك بتجريم الافعال التي تعد انتهاكا للحق نطاق البحث ومحاكمة منتهكي .
وقبــل هذا يجب ان نشير الى اهمية هذا الموضوع والاسباب الرئيسية التي دفعت بنا الى اختياره والتي تتمثل بالرغبة في ايضاح ماهيه حق الانتقال تتضمن تعريفه لغة واصطلاحا مع بيان اهميتة القانونية والشرعية للإنسان اذ تتزايد أهميته هذا الحق بعد انــشاء المحكمة الجنائية الدولية الدائـمة ودخول نظامها الاساسي حيز التنـفيذ كما تأتي اهمية هذا الموضوع في الواقع العملي لعدم وجود فــرع مـــن فــروع القانون الـدولي الــعام لإضفاء الحماية الدولية على حقوق الانسان وعدم وضـوح مـعالم هذه الحماية ادى الى الخلط عن عمد او سهوا بين احكام القانون الجنائي الداخلي والقانون الجنائي الدولي فمن المتصور بان هذا الخلط هو نتيجة طبيعية ، لعدم وجود متخصصين في مجال القانون الدولي العام يولون هذا الموضوع اهمية خاصة لاسيما في العراق ، اذ لا توجد دراسة شاملة حولة ولا التطورات التي حصلت في المرحلة الأخيرة لم تتضمن وضع قواعد موضوعية تجرم الافعال التي تشكل انتهاك لهـذا الحق ما عدا الدراسة التي قام بها الدكتور يـاسر عطيـوي الزبيدي وهي في مجال القانون الدولي حصرا فقد ادى عزوف كتاب القانون الدولي عن الكتابة بهذا الموضوع الى ان يتولى كتاب القانون الجنائي هـذه المهمة ولان هذا الموضوع لـم يـنل حظــه من الدراسة والاهتمام الامر الذي دعانا الى دراسته والبحث فيه بغية الوصول الـى وضــع دراسة معمقة وشامله وجاده للاحد اهم المواضيع المطروحة على الساحة الدولية والتـي تثير اهتــمام المجتمع الدولي وفتح الطـريق امام دراسات مستقبلية حول هذا الموضوع فان هذا البحث يهدف الى توضيح الــدور الذي يقوم به الـقانون الــدولي الجنائي في احاطة حقوق الانسان لاسيما حــق الانتقال بحماية دولية جنائية ويكون ذلك من خلال بيــان الافــعال المكونة انتهاكا لها .

Inspection and its role in reducing the phenomenon of administrative corruption

Abdul Hussean A. Hady

AL-Qadisiya Journal, 2015, Volume 6, Issue 1, Pages 265-286

The inspection of the important processes in the regulatory and executive agencies that help in the organization of work and reduce the deviation in its tracks and put the administrative head in front of a clear picture of their business and identify positive points for the purpose of promotion and identify weaknesses in order to establish the necessary mechanisms to address them .
Has worked researcher while researching the statement concept and objectives of inspection, qualifications and characteristics that must be met with the Inspector and the statement of the rules and procedures for inspection and types of access to the statement following the inspection to the reduction of administrative corruption Based on the foregoing will divide the research topic to the central demands of the show in the first requirement definition and objectives of inspection and so on three branches be described in the first section the definition of inspection while we show in section II inspection goals after studying the qualities and qualifications that must be provided in section .
The second requirement Ventnol the types of inspection, rules and its impact in the reduction of the phenomenon of corruption, in the three branches also show in the first section types of inspection and then we study in section II rules and inspection procedures while we address in section III following the inspection to the reduction of administrative corruption and Snkhtm Search conclusion contains conclusions and recommendations that have been reached .
According to God and everyone hit our steps for the good of all

Legal regulation of electronic signature "A comparative study"

a K. Mathlom; Asra

AL-Qadisiya Journal, 2015, Volume 6, Issue 1, Pages 287-322

The electronic signature of the latest styles and most sophisticated and in line with technological advances witnessed in this era, as the sign is no longer limited to the traditional signature which is handwritten on the pillars of paper, but it was possible at the present time, and as a result of technological developments that have led to the use of records or documents E replaces the traditional paper documents to the emergence of the need for this type of signatures each has different concepts.
And it is no longer sign goes out to the methods known in the signature Kalaamada or seal or thumbprint, but spread far new styles to sign copes with technical developments and the means used by them to sign biometric (signature biomtrique) This represents a signature by the computer write down the recipe physical person in his memory (memory ), most often this trait be of signatures, each with different concepts were going out to the iris (IRIS) or fingerprints or voice and lip imprint and stored these qualities in digital and compressed. as well as the signing of a pen-mail, along with the secret signing the code and digital signature.
And represent these methods at the current stage what is known as the electronic sign, which is substituting new styles for signature based on new elements other than those used in traditional signature methods, as the use of electronic documents necessitated the development of the signing of the terminal upon which mainly form legally acceptable to determine the identity of the person and the confirmation of the intention Site to comply with the content of the site and the bond approval for its content and its issuance thereof, indicating the bond is actually taken to prove the contractual ties, as the only condition for the legitimacy of the document or health be signed who is the argument of it.
However, since this type of signatures is located on the broker is a physical, is the program this signature will not be hand-written signatures, but is electronic signatures based on the numbering procedures or encoding or encryption or encoding (ie private key) and this represents a material sign, and it was found that Electronic Calculator can provide an acceptable alternative to the issue of signing so give definite guarantees in respect of the personalities concerned parties and then legitimize the necessary data exchanged, and this is done by doing a reverse call system (call back) or test keys (Test Keys) or legitimize blade (MAC) (Macro Authentication code) in order to confirm the identity of the source of the message.
So signing of mail is more secure and safer than just put the signing of the editor and was promoted through easily rigged as the electronic signature on the electronic bond includes digital signatures (digital signatures) which is encrypted electronic messages, and has implicitly digital signatures and attached with the provisions of ordinary messages to define the identity of origin each document and therefore believes the health of contracts and trust the source, who sent him and enables contractors to see the validity of the data without distortion and in a manner that could suggest the truth of the statements contained in regular bonds.
So we hope that handles the electronic signature and electronic transactions Iraq for the year 2012 problems arising from contracts through information to provide legal protection in this type of contracts and a network that lacks provided Civil Law Act, as some legal texts scattered in this law, and that is not enough to provide effective protection, therefore, the electronic signature and electronic transactions Iraqi law is a new and important step for the establishment of effective protection sober provides confidence and safety in contracts through the information network.

Regulation of financial disciplines in bilateral parliamentary system (A comparative study)

Maytham H. Sharef; Kanam A. Dahsh

AL-Qadisiya Journal, 2015, Volume 6, Issue 2, Pages 130-187

The financial terms of reference of the most important disciplines enjoyed by the Parliament as it derives its existence from the base does not tax without representation, and this rule demonstrate the Parliament link financial laws, so constitutions provide for the right of Parliament in the executive institution in how to collect the money control and disbursed by the adoption of the state budget which must be submitted to parliament recognizes by him and so that he can monitor how the state for resources and ways of spending, as well as tax and other financial matters Organization State or related to public affairs such as loans report.
If the bilateral parliamentary system worthy of constitutional recognition and regulation of the legal, the goal envisaged by the research are: identify the legal principles that regulate the financial terms of reference between the two dual legislatures control, as subject is of great importance in light of the changes and transformations that have taken place in Iraq, which epitomized the transition from simple State to the Federal State, and the transformation of the PLC system to individual bilateral parliamentary system .
In order to achieve this goal and to take aspects of the issue divided the research on the three sections and a conclusion, we have dedicated the first to study the organization of the terms of reference the two chambers to approve the state budget, and Pena in the second regulate the terms of reference chambers in taxes, and we discussed in the third organization of the terms of reference chambers in public loans, we have followed in our study analytical methodology of the study, which was limited to the comparison of the Iraqi basic Law for the year 1925, and the Constitution of the Republic of Iraq for the year 2005, with comparative models constitutionality of the boss, is the Constitution of the United States, issued in 1787, and the Constitution of the Swiss Confederation in 2000 and in force.
The Esteban us as a result of the research that constitutions in the study tended to involve the Houses of Parliament in the exercise of financial disciplines, with a mile each to tip the People's Councils, except the Constitution of the Republic of Iraq for the year 2005 which was organized by a minor for that matter, so we deposited finale search results that we have reached the proposals, which focused on some of the amendments to the legal provisions contained within the search terms and hope of the Iraqi legislature to take them.

Early Marriage In Sharia law

Malak J. Hmeady

AL-Qadisiya Journal, 2015, Volume 6, Issue 2, Pages 228-257

The subject of our research (early marriage in the law and the law) and the reason for choosing this research as regards social reality in which we live is related to the family Ashracah, and this marriage is a controversial issue much in every time and place between supporters of the marriage and shows him, and so we made a systematic search containing an introduction the four topics, we dealt with in the first section and the three demands of the concept of marriage and purpose and premise and in the second part, we dealt with the three demands are also pillars of the contract and conditions of either the third section Fajssnah and three demands to early marriage in the law and the law either the fourth section and three demands also dealt when marriage absolutely necessary and Fouad and disadvantages of this marriage the totality of interest we have strengthened Find a statistical study was conducted in one of the personal status courts in the province of Diwaniyah and concluded research conclusion included the results and proposals ..

Regulation of financial disciplines in bilateral parliamentary system (A comparative study)

Maytham H. Sharef; Kanam A. Dahsh

AL-Qadisiya Journal, 2015, Volume 6, Issue 2, Pages 130-187

The financial terms of reference of the most important disciplines enjoyed by the Parliament as it derives its existence from the base does not tax without representation, and this rule demonstrate the Parliament link financial laws, so constitutions provide for the right of Parliament in the executive institution in how to collect the money control and disbursed by the adoption of the state budget which must be submitted to parliament recognizes by him and so that he can monitor how the state for resources and ways of spending, as well as tax and other financial matters Organization State or related to public affairs such as loans report.
If the bilateral parliamentary system worthy of constitutional recognition and regulation of the legal, the goal envisaged by the research are: identify the legal principles that regulate the financial terms of reference between the two dual legislatures control, as subject is of great importance in light of the changes and transformations that have taken place in Iraq, which epitomized the transition from simple State to the Federal State, and the transformation of the PLC system to individual bilateral parliamentary system .
In order to achieve this goal and to take aspects of the issue divided the research on the three sections and a conclusion, we have dedicated the first to study the organization of the terms of reference the two chambers to approve the state budget, and Pena in the second regulate the terms of reference chambers in taxes, and we discussed in the third organization of the terms of reference chambers in public loans, we have followed in our study analytical methodology of the study, which was limited to the comparison of the Iraqi basic Law for the year 1925, and the Constitution of the Republic of Iraq for the year 2005, with comparative models constitutionality of the boss, is the Constitution of the United States, issued in 1787, and the Constitution of the Swiss Confederation in 2000 and in force.
The Esteban us as a result of the research that constitutions in the study tended to involve the Houses of Parliament in the exercise of financial disciplines, with a mile each to tip the People's Councils, except the Constitution of the Republic of Iraq for the year 2005 which was organized by a minor for that matter, so we deposited finale search results that we have reached the proposals, which focused on some of the amendments to the legal provisions contained within the search terms and hope of the Iraqi legislature to take them.

Procedural protection works

AL-Qadisiya Journal, 2016, Volume 7, Issue 1, Pages 6-32

يتمتع موضوع الحماية الاجرائية للمصنفات بأهمية بالغة بالنسبة لصاحب الانتاج الذهني , لكون ان ما يبدعه يُعد جزء من تفكيره وترجمة لقدراته وملكاته الذهنية , فضلاً عن ذلك فأن تقدم أي شعب اصبح اليوم يقاس بمدى ما وصل اليه هذا الشعب من تعليم وثقافة وبمستوى الحماية التي تتوفر للأبداع الفكري الوطني وقد عبر ميثاق الاتحاد الكونفدرالي الدولي لجمعيات المؤلفين عن اهمية دور مبتكري المصنفات الفكرية بالقول انّ مؤلفي المصنفات الادبية والفنية والعلمية يؤدون دوراً فكرياً رفيعاً يعم نفعه على البشرية جمعاء , ويضرب بجذوره في الزمن , ويؤثر على نمو جوهري في تطور الحضارة , ومن ثّم فأنّ على الدولة أن تضمن للمؤلف اكبر قدر من الحماية , لا تكريماً لمجهود الشخصي فحسب بل ومراعاة لخير المجتمع ايضاً.

Legal regulation of electronic signature "A comparative study"

a K. Mathlom; Asra

AL-Qadisiya Journal, 2015, Volume 6, Issue 1, Pages 287-322

The electronic signature of the latest styles and most sophisticated and in line with technological advances witnessed in this era, as the sign is no longer limited to the traditional signature which is handwritten on the pillars of paper, but it was possible at the present time, and as a result of technological developments that have led to the use of records or documents E replaces the traditional paper documents to the emergence of the need for this type of signatures each has different concepts.
And it is no longer sign goes out to the methods known in the signature Kalaamada or seal or thumbprint, but spread far new styles to sign copes with technical developments and the means used by them to sign biometric (signature biomtrique) This represents a signature by the computer write down the recipe physical person in his memory (memory ), most often this trait be of signatures, each with different concepts were going out to the iris (IRIS) or fingerprints or voice and lip imprint and stored these qualities in digital and compressed. as well as the signing of a pen-mail, along with the secret signing the code and digital signature.
And represent these methods at the current stage what is known as the electronic sign, which is substituting new styles for signature based on new elements other than those used in traditional signature methods, as the use of electronic documents necessitated the development of the signing of the terminal upon which mainly form legally acceptable to determine the identity of the person and the confirmation of the intention Site to comply with the content of the site and the bond approval for its content and its issuance thereof, indicating the bond is actually taken to prove the contractual ties, as the only condition for the legitimacy of the document or health be signed who is the argument of it.
However, since this type of signatures is located on the broker is a physical, is the program this signature will not be hand-written signatures, but is electronic signatures based on the numbering procedures or encoding or encryption or encoding (ie private key) and this represents a material sign, and it was found that Electronic Calculator can provide an acceptable alternative to the issue of signing so give definite guarantees in respect of the personalities concerned parties and then legitimize the necessary data exchanged, and this is done by doing a reverse call system (call back) or test keys (Test Keys) or legitimize blade (MAC) (Macro Authentication code) in order to confirm the identity of the source of the message.
So signing of mail is more secure and safer than just put the signing of the editor and was promoted through easily rigged as the electronic signature on the electronic bond includes digital signatures (digital signatures) which is encrypted electronic messages, and has implicitly digital signatures and attached with the provisions of ordinary messages to define the identity of origin each document and therefore believes the health of contracts and trust the source, who sent him and enables contractors to see the validity of the data without distortion and in a manner that could suggest the truth of the statements contained in regular bonds.
So we hope that handles the electronic signature and electronic transactions Iraq for the year 2012 problems arising from contracts through information to provide legal protection in this type of contracts and a network that lacks provided Civil Law Act, as some legal texts scattered in this law, and that is not enough to provide effective protection, therefore, the electronic signature and electronic transactions Iraqi law is a new and important step for the establishment of effective protection sober provides confidence and safety in contracts through the information network.

Early Marriage In Sharia law

Malak J. Hmeady

AL-Qadisiya Journal, 2015, Volume 6, Issue 2, Pages 228-257

The subject of our research (early marriage in the law and the law) and the reason for choosing this research as regards social reality in which we live is related to the family Ashracah, and this marriage is a controversial issue much in every time and place between supporters of the marriage and shows him, and so we made a systematic search containing an introduction the four topics, we dealt with in the first section and the three demands of the concept of marriage and purpose and premise and in the second part, we dealt with the three demands are also pillars of the contract and conditions of either the third section Fajssnah and three demands to early marriage in the law and the law either the fourth section and three demands also dealt when marriage absolutely necessary and Fouad and disadvantages of this marriage the totality of interest we have strengthened Find a statistical study was conducted in one of the personal status courts in the province of Diwaniyah and concluded research conclusion included the results and proposals ..

Social understanding the legal text Study in the light of the knowledge of the principles of jurisprudence and philosophy of law

Safa M. Fajah

AL-Qadisiya Journal, 2015, Volume 6, Issue 2, Pages 320-355

The first of the foundations of social understanding of the text theory is the Islamic thinker, philosopher, Mr. Mohammed Baqir al-Sadr (Jerusalem secret) who baptized by which to read the legitimate text from the point of customary and based on the fulcrum year and mentality common to the time and place designated and expressed by (the social understanding of the text) .
We tried to do our part in this research that Ntoa this theory on the legal text, what the social worker's role in the understanding and interpretation of legal texts, as is the case in most of the schools affected by the explanation of the circumstances and social concepts, as a teacher of free scientific research and social school.
And we found that social understanding the legal text is not limited to the mysterious only texts, but even in some peremptory texts in significance can not stand on its meaning, but shed social worker, such as the word (Bricks ideals, morals, the market price), although frankly quite Olvazaa only he can not stand on its meaning in an integrated manner, but knowing Akiem things Almassadik customary public morals and the common price in the minds of people in a given time and place.
And can not say that social understanding is custom itself, because there are many differences between them, notably the social understanding is the concepts and ideas shared in the minds of people and affect their behavior, contrary to custom, which is the behavior of Amejrd ideas, and also features a social understanding not binding as the speed of change, as in market prices and wages ideals and the ability of the parties to agree on the succession, and this is contrary to custom, and the extent of binding as slow its formation, and our judicial applications in it.

Publisher: Al-Qadisiyah University

Email:  www.qad-law@yahoo.com

Editor-in-chief: Assistant Professor Dr. Dawud M. Hussein

ISSN: 0137-1097

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